Rupei @ Rupia @ Upendra Khatei … v. ….. Opposite Party Mr. S.S. Pradhan, AGA CORAM: JUSTICE SAVITRI RATHO Order No. ORDER
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 10404 of 2023 Rupei @ Rupia @ Upendra Khatei ….. Petitioner Mr. Amitav Tripathy, Advocare State of Orissa Vs. ….. Opposite Party Mr. S.S. Pradhan, AGA CORAM: JUSTICE SAVITRI RATHO Order No. ORDER 18.10.2023 03. (Through hybrid mode) 1. This application under Section 439 of Cr.P.C. has been filed in connection with Fategarh P.S. Case No. 193 of 2023 corresponding to G.R. Case No. 187 of 2023 pending in the Court of the learned J.M.F.C., Bhapur under Sections 341, 342, 294, 506 of IPC. 2. The prosecution allegations as per the F.I.R. in brief against the petitioner are that on 27.08.2023 at about 12 noon the petitioner came in front of the house of the informant in his moped and pelted stone in his house and threatened to kill him by throwing bomb at his house. As the petitioner waited outside the house, the informant and his family member could not go out of their house and informed the Police over telephone. The petitioner left on the arrival of the Police.
Legal Reasoning
3. Mr. Amitav Tripathy, learned counsel for the petitioner submits that the petitioner works as a Kabadibala and there was some previous dispute between the petitioner and the informant for which // 2 // false allegations have been made against him. He further submits that in the rejection order 8 cases have been stated to be pending against the petitioner but in all the cases except one, the offences are triable by Magistrate First Class. He further submits that out of 8 cases which have stated to be pending against him, he has already been acquitted in 2 cases. He files an affidavit sworn by the wife of the petitioner indicating the details of these cases. Copy of the same has been handed over to Mr. S.S. Pradhan, learned Additional Government Advocate. 4. The affidavit indicating the details of the above cases are as follows: “a) Fategarh P.S. Case No. 105/ 2006, U/s 341, 336, 294,, 354, 506, 323, of IPC corresponding to G.R. Case No. 182/ 2006 – for Evidence. b) Fategarh P.S. Case No. 92/ 2009 U/s. 341, 323, 294, 506, 354 of IPC corresponding to G.R. Case No. 189/2009 – for consideration of Charge. c) Fategarh P.S. Case No.32/ 2011 U/s. 341, 323, 353, 506, 294 of IPC corresponding to G.R. Case No. 50/2011 – For Argument. Page 2 of 5 // 3 // d) Fategarh P.S. Case No. 84/ 2012 U/s. 341, 323, 506, 294, 34 of IPC corresponding to G.R. Case No. 156/2012 – for Appearance of other accused persons. e) Fategarh P.S. Case No. 37/ 2023 U/s. 341, 323, 506, 294 of IPC corresponding to G.R. Case No. 34/2023 – for Appearance of accused. f) ST Case No. 123/2022 U/s. 341, 323, 324, 307, 336, 506, 34 of IPC read with U/s. 3 and 4 of Explosive Substances Act- for Framing of Charge. g) ST Case No. 63/236 of 2016 U/s. 147, 148, 294, 323, 324, 325, 307, 354, 379, 506, 149 of IPC read with U/s. 3 (1) (x) SC and ST P.A. Act –for Evidence. h) TR Case No. 35/ 2023 U/s. 341, 294, 323, 354, 379, 506, 34 of IPC read with U/s. 3(1) (x) SC and ST P.A. Act- for Appearance of other accused.” 5. It has further been stated in the affidavit that the petitioner has been acquitted two cases. These are as follows: “a) Fategarh P.S. Case No. 58/ 2008 U/s. 147, 148, 323, 294, 506, 149 of IPC read with U/s. 3 (1) (x) SC & ST P.A. Act corresponding to G.R. Case No. 90/2008 – Acquitted on dtd. 18.09.2019. Page 3 of 5 // 4 // b) Fategarh P.S. Case No. 120/ 2012 U/s. 341, 323, 506, 294 of IPC corresponding to G.R. Case No. 235/2012 – Acquitted on dtd. 20.07.2022.” and that in Fategarh P.S. Case No. 137/2014 U/s. 457/395 IPC corresponding to G.R. Case No. 202/2014, the police submitted FRT. 6. Mr.S.S. Pradhan, learned Additional Government Advocate opposes the prayer for bail stating that the petitioner is a habitual offender and should not be released on bail. 7. Considering the nature of allegations against the petitioner in the F.I.R. and as all the offences alleged against the petitioner are triable by learned Magistrate and he has been released on bail in all the cases, I am inclined to allow the prayer for bail of the petitioner. 8. Let the petitioner- Rupei @ Rupia @ Upendra Khatei be released on bail in connection with the aforesaid case to satisfaction of the court in seisin over the matter on any terms and conditions as deemed fit and proper by the court concerned subject to verification of the criminal antecedents of the petitioner. 9. If the learned Magistrate finds that the information submitted in the affidavit filed by Mamata Khatei, wife of the petitioner today in Court regarding the criminal antecedents which has been reproduced in paragraph 4 and 5 of this order are correct, the Page 4 of 5 // 5 // petitioner shall be released on bail on such terms and conditions as deemed fit and proper by the learned J.M.F.C., Bhapur including the conditions: i. He shall appear every alternate day before the Fategarh Police Station between 5.00 P.M. to 7.00 P.M. till submission of chargesheet and thereafter every Sunday between 5.00 P.M. to 7.00 P.M. for a period of 6 months ii. If the contents of the affidavit regarding criminal antecedents are incorrect, this order will not be given effect to.
Decision
10. The BLAPL is accordingly disposed of. 11. Urgent certified copy of this order be granted on proper application. 12. Copy of this order be handed over to Mr. S.S. Pradhan, learned Additional Government Advocate for onward transmission to the IIC, Fategarh Police Station. Judge puspa Signature Not Verified Digitally Signed Signed by: PUSPANJALI MOHAPATRA Designation: Personal Assistant Reason: Authentication Location: Orissa High Court Date: 19-Oct-2023 16:09:06 (Savitri Ratho) Page 5 of 5